HomeMy WebLinkAboutBF172455-001TOWN OF ITHACA, N.Y.—SANITARY SEWER AND/OR WATERMAIN RIGHT OF WAY
• Property Address (if any) : 2 Z 9 l- ®,+eyi v (F oN ZD.
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THIS INDENTURE, made this ..-_._.. ......_.. day of ........... ` ... G..................................... 19 BETWEEN
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referred to herein as GRANTOR and the TOWN OF ITHACA, a municipal corporation in the County of
Tompkins, State of New York, hereinafter called GRANTEE or TOWN, acting for and on behalf of the
( Town of Ithaca)
WITNESSETH: WHEREAS said Town is about to construct a system of sanitary sewers and/or
water mains or extensions thereof, which by reason of topography and grades in certain locations must
depart from established highways in order to render proper service to property owners of the Town, and
WHEREAS the Grantor is the owner or has an interest in real property in said Town where the sewer and/or
water main line or lines must cross or encroach upon private property for the above reasons,
NOW THEREFORE, said Grantor in consideration of the benefits to accrue both community wide
and to said Grantor as a result of stabilization of property values and protection of health and otherwise,
and in further consideration of the covenants herein contained and other good and sufficient consideration,
receipt whereof is hereby acknowledged, does hereby grant and convey to said Town, its successor and
assigns forever: A permanent right of way to enter upon, construct, operate, maintain, repair and replace
a sanitary sever and/or water main pipe line and appurtenances across or upon the lands of the Grantor in
said Town in accordance with official plans and specifications filed at the office of the Town Clerk, the
center line of which right of way along which said sewer and/or water line and appurtenances is to be laid
shall be substantially as shown on File No. /4 70 & ..���j= t" i -/o . 5
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Grantor.
Together with a temporary easement during the period of original construction over so much of the
owner's property as may be necessary for men and vehicles while the said sewer and/or water main arldC
appurtenances are being installed, which temporary easement is also shown on File No. i Ll?a -5 Ki T j
Additional provisions, deed references, property descriptions (if desired) are hereinafter set forth:
The center line of the 20 foot wide permanent easement toaenter.Ahe owners
property at his northeast corner and runs thence southeasterly across the
owners property to a point in the south line of the owners property, which
point is approximately 75 feet southwesterly from the southeast corner of
the owners property. The said easement shall extend 10 feet on each side
thereof.
The sewer and/or water pipe and appurtenances constructed on said premises shall remain the property of
the Town and under its control and supervision, but the Grantor reserves the underlying fee title to said
property covered by said right of way, subject to the rights and privileges herein granted to the Town, and
he reserves the right to use and enjoy said premises provided that such use shall not interfere with the con-
struction, maintenance, operation or repair of, or cause injury or damage to, the pipe or appurtenances. The
town will restrict its operations to the minimum feasible width for said right of way. The Town, whenever
any work is done on the grantor's premises, will restore the surface of said premises to substantially the
same condition as before such work was done, without expense to the owner. The owner shall be permitted
to connect his sewer and/or water service lateral to such sewer and/or water main if it is more feasible
a and economical to connect with the sewer and/or water main instead of connecting to a different sewer
g highway. and/or water main in an adjoining hi hSee attached sheet which is incorporated
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' herein as if set forth in full at this point.
nThe execution of this instrument by a party holding the following lien (s) on the above premises shall
N constitute a release from any such lien (s) of the easement granted hereby:
This instrument shall be binding on the parties hereto, their distributees, personal representatives, suc-
cessors and assigns.
IN WITNESS WHEREOF, this instrument has been duly executed by the Grantor(s) and/or the
holders of this lien.
s 1; Sheet 2
TOWN OF ITHACA, N.Y. -SANITARY SEWER AND/OR WATERMAIN
RIGHT OF WAY, BETWEEN LAWRENCE E. & DOROTHY I. ROSE,
AND TOWIWF ITHACA, N.Y.
In addition to the agreement between Town that they will
restore the surface of the premises to substantially the same condition
as before such work was done, without expense to the owner, the Town
further agrees specifically to do the following:
1. Town agrees to replace any fence damaged by
the Town in the same type of fence now on the premises.
2. Replace any drainage field damaged or taken out
by the Town in the construction of the said sanitary sewer or water main.
3. Town agrees not to damage any buildings within the
lines of the temporary easement.
4. Town agrees to grade and seed the area over which
they pass in the construction of the said sewer line.
WITNESS: (sign below):
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STATE OF NEW YORK SS.
COUNTY OF TOMPKINS:
On this ------- \� ----- day of ............................................19 before me, the subscriber, personally
appeared
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> Z to me personally known and known to me to be the same person(s) described in and who executed the
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Z within instrument, andlh� duly acknowledged to me that-jb4 xe uted the same
ROGER B. SOVOCOQL
NctuT Public, State of New Yozk
No. 55-9113750 _4
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Qushfied in Ton .. .... ------------- ---- ---- -- ----- ------
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UUM ezrires March 30,19U NOTARY PUBLIC
STATE OF ------------------------------------ SS.
COUNTY OF ---------- ---------------------
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On this ------------------------ day of ----------------------------------------------------- 19 before me, the subscriber, personally
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q appeared
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C) to me personally known and known to me to be the same person(s) described in and who executed the
>Z within instrument, and he duly acknowledged to me that he executed the same.
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NOTARY PUBLIC
STATE OF
COUNTY OF�-4 SS'
On this ....... ................... day of ............................................. 197� before me, the subscriber, personally
>� appeared
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the subscribing witness to the foregoing instrument, to me personally known, who, being by me duly
sworn, did depose and say that he reside at 6e4l-rsl,�
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10 to be the individual(s) described in, and who executed the foregoing instrument; that he, the subscribing
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W= witness, was present and saw he execute the same; and that he, said lk-:2,,571142��4t
at the same time subscribed name as witness thereto.
NOTARY PUBLIC
EDWARD L. BERGEN
NotarY Public, State of New yoyl,
No, 55-0254000
Twified,in Tomprtcins CougtV
STATE OF ------------------------------------ SS. es m Expires march 30, 1"„v
COUNTY OF --------------------------------
On this -------------------------------- day of ------------------------------------------------------------- 19 before me personally came
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to me personally known who, being by me duly sworn did depose
Q and say that be resides at that he
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H'4 is the of
the corporation described in and which executed the above Instrument; that he knows the seal of said
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w corporation; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order
of the Board of Directors of said Corporation, and that he signed his name thereto by like order.
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NOTARY PUBLIC